Non-perform

conviction thereof shall be subject to the punishment prescribed in section forty-six.

SEC. 48. When by this act any act or duty is required to ance of duties. be done or performed by or under the direction, supervision or authority of any officer, and such act or duty shall not be done or performed, then the officer who shall neglect to perform such act or duty, or who shall be responsible for such neglect, shall be guilty of a misdemeanor and shall be punished as provided in section forty-six.

Commencement of

Liability of witnesses.

SEC. 49. No prosecution for any offense mentioned in this prosecutions. act shall be maintained unless it shall be commenced within six months after the date of the primary election in connection with which the offense is alleged to have been committed. Neither the complaining witness, nor any other person who may be called to testify in any such proceeding, shall be liable to criminal prosecution under this act for any matters or causes in respect to which he shall be examined or to which his testimony shall relate, except to prosecution for perjury committed in such testimony.

Posters,

county clerk to furnish.

SEC. 50. It shall be the duty of the county clerk of each county to cause to be printed large posters containing verbatim the whole of sections forty-six, forty-seven and fortyeight of this act, and shall furnish two of such posters to the board of primary election inspectors of each election precinct in his county at the same time that the official ballots for use at primary elections are delivered, and the board of primary election inspectors shall cause the said posters to be posted in conspicuous places in the polling place so that the same can be plainly seen and read by all persons at any City, village primary election. It shall be the duty of the clerk of any city, township or village in which this act is operative to deliver to the board of primary election inspectors of each elec. tion precinct within his jurisdiction, before the time for opening of the polls on primary election day, the register of electors and the party enrollment book and the blanks for poll lists and returns and any other supplies necessary to carry out the provisions of this act.

and township clerks, duty of.

Liquors, sale of, on primary days.

Act repealed.

SEC. 51. The day on which any primary election shall be held pursuant to the provisions of this act, shall be deemed to be an election day in any city, county or district where such primary election is held within the meaning of section seventeen of act number three hundred thirteen of the public acts of eighteen hundred eighty-seven, entitled "An act to provide for the taxation and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors, and vinous liquors in this State, and to repeal all acts and parts of acts inconsistent with the provisions of this act."

SEC. 52. Act number one hundred eighty-one of the public acts of nineteen hundred five, entitled "An act relative to the nomination of party candidates for public office and delegates

to political conventions, in certain cases, to regulate and protect primary elections, and to prescribe penalties for violations of the provisions hereof," is hereby repealed, except that the enrollment of voters had thereunder shall continue in force as herein provided.

Approved October 24, 1907.

[No. 5.]

AN ACT to repeal section twenty-five and to amend sections ten, twenty-seven, fifty-three and fifty-eight of act number two hundred four of the public acts of nineteen hundred one, as amended by act number one hundred eleven of the public acts of nineteen hundred five, entitled "An act to increase the efficiency of the military establishment of the State of Michigan and to repeal all former acts or parts of acts inconsistent with the provisions of this act."

The People of the State of Michigan enact:

amended.

SECTION 1. Section twenty-five of act number two hundred Sections four of the public acts of nineteen hundred one as amended repealed and by act number one hundred eleven of the public acts of nineteen hundred five, entitled "An act to increase the efficiency of the military establishment of the State of Michigan, and to repeal all former acts or parts of acts inconsistent with the provisions of this act," is hereby repealed, and sections ten, twenty-seven, fifty-three and fifty-eight of said act are hereby amended to read as follows:

non

of infantry, what to

organized, etc.

SEC. 10. Each regiment of infantry shall consist of the Regiments same number of battalions and companies, of officers, commissioned officers and musicians as shall be prescribed consist of. from time to time for like organizations in the United States army, as near as may be, subject to the rules and regulations prescribed by the State Military Board. The organization, National armament and discipline of the Michigan National Guard guard, how shall be the same as that which is now, or may hereafter be prescribed for the regular and volunteer armies of the United States; and the Governor may, by proper order, perfect such organization, armament and discipline, at any time, so as to comply with the laws, rules and regulations that may be prescribed for the regular and volunteer armies of the United States. The term of enlistment in the Michigan National Term of Guard shall be for three years, and company officers, except when elected to fill a vacancy, shall be commissioned for a term of three years and until their successors shall be commissioned.

enlistment.

SEC. 27. For the purpose of providing the necessary ex- "State milipenses to carry out the provisions of this act, it shall be the tary fund," how raised, duty of the Auditor General, at the time of apportioning the etc.

Not used for other purposes.

Armories,

agreement as to joint use

associations.

Proviso as to

approving terms.

etc., of, by state.

priation,

amount of.

ing fund.

State taxes to apportion each year among the several counties of the State, in proportion to the whole amount of real and personal property therein, as equalized by the State Board of Equalization, a sum equal to six cents for each person who, as it shall appear by the last preceding census, was a resident of this State, which sum so apportioned shall be collected in the same manner as other State taxes, and shall constitute the State military fund. The fund herein provided for the expense of the Michigan National Guard, shall be a continuing fund available only for that purpose and shall not be diverted to any other fund or used for any other purpose.

SEC. 53. Any corporation organized under this act may, with the consent of the State Military Board, enter into an of, by certain agreement with any athletic, literary, or Young Men's Christian Association or Grand Army of the Republic, respecting the joint use by said military corporation and said other named corporations of any gymnasium, or other part of any armory erected or leased by said military corporation, either in connection with a building to be erected by said athletic, literary, or Young Men's Christian Association or Grand Army of the Republic, or separately: Provided, however, That the terms and stipulations of said agreement shall be Construction, first approved by the State Military Board. Armories may also be constructed and equipped by the State, for the use of the permanent organized militia of the State, as hereinafter Annual appro- provided. To provide a fund for this purpose, there shall be appropriated not to exceed forty thousand dollars annually until the amount raised shall be sufficient to provide each organization of the permanent organized militia with an Armory build- armory under the terms of this act. The amounts raised under the provisions of this section for building armories shall be paid into the State treasury and carried in a fund to be known as the armory building fund. This money shall be paid out by the treasurer upon the warrant of the State Military Board, approved by the Governor in the same manner as funds are paid out of the military fund upon the warrant of the Military Board, and they shall be paid out only for the purpose of erecting and equipping armories, as hereinafter provided. The Military Board shall have general general super- supervision of the preparing of plans and specifications for armories, of letting contracts for the erection, furnishing and equipping the same, and of providing for the inspection of the erection thereof. And all expenses connected therewith shall be a charge on, and be payable out of the armory building To accept and fund. The State Military Board shall have power to accept land for sites for armories, said sites to be without cost to the State of Michigan, and take title thereto in the name of the State of Michigan, and shall institute all necessary proceedings for the purpose of condemning land for armory building sites: Provided, That such proceedings shall be instituted only when the amount to be paid upon the verdict of the jury

How paid out, etc.

Military board to have

vision, etc.

condemn sites for armories.

Proviso

title, etc.

in the proceeding shall have been deposited with or adequately guaranteed to the State Military Board. The Military Board To procure shall have power to procure title to property and cause examination thereof to be made, and to condemn property for the purpose of using same for armories erected under authority of this act. When it is necessary to condemn lands for the Proceedings purposes of this act, the Military Board shall have power to for condemncause proceedings therefor to be instituted by the State of sites, how Michigan for the purpose of obtaining such land and said commenced. proceedings shall be started, maintained and terminated in the same manner as is now provided by law when it becomes necessary for the State of Michigan to condemn property for public purposes. The use of lands for armory building sites

ing land for

difference

and how

is hereby declared to be a necessary public purpose. When the Preparing and State Military Board deems it advisable to erect an armory plans, etc., approving of for any of the organizations of the National Guard, it shall of armory. cause plans, specifications and estimates to be prepared for an armory at the place it has so directed, and when the same shall have been prepared and approved by the Governor it shall proceed to erect said armory as hereinafter directed in this act. If, after the plans, specifications and estimates have Donation of been prepared in the manner herein provided, the military between estiorganization or organizations for which the proposed armory mate and appropriation, is to be erected, or some person or persons, firm, corporation where deor municipality acting for such military organization, shall posited. deposit with the State Treasurer for the credit of such armory building fund, an amount in cash or certified check, equal to the difference between the estimated cost and the amount appropriated by the State for such armory; and when such Bids, when amount shall have been deposited as aforesaid, the State advertised Military Board shall advertise for sealed bids for the erection, for. equipping and furnishing of the same, and which advertisement shall be published in one paper in the city or county in which the armory is to be erected and also in a paper devoted to the interests of building and contractor's trade having a general circulation throughout the United States. All bids re- Where filed. ceived under said advertisement shall be filed in the office of the Adjutant General and must be accompanied by a for- Amount of feit consisting of a deposit of cash or a certified check company bids, equivalent to two per cent. of the estimate of said armory, conditioned upon the bidder entering into a contract, providing his bid is accepted, and all money forfeited shall be placed to the credit of the armory building fund. Upon the Bids, day specified in said advertisement the bids received shall be opening of. opened by the Military Board, and the lowest bid which complies with the plans and specifications submitted may be accepted. If a bid so made is accepted the State Military Contract and Board shall cause to be prepared a contract and bond between bond, prethemselves as representing the State of Michigan, and the etc., contractor for the completion of the armory and the protection of the State. Such contract and bond shall be prepared by the Attorney General of the State and shall pro

forfeit to ac

where credited.

paring of

Inspection of

filing of re

port relative

to.

Final payment, when made.

In case of full amount of donation not used.

Board may reject and re-advertise for bids.

In case of default. Represented

in legal work by attorney general.

Have power to receive

vide for the completion of the armory and to protect the State for the pay of material, men and employes. Said contract may provide for payments from time to time in the manner therein specified, but in no case shall the advance payment exceed eighty-five per cent. of the bid. When the armory is completed the Military Board shall inspect the same, and if satisfied shall file its report to that effect with the Governor, and not until such report is filed and approved by the Governor shall the final payment be made upon said contract, and if upon making such final payment it is shown that the full amount of the deposit or donation made by any organization, person, firm, corporation or municipality was not used in addition to the amount appropriated by the State for the erection of such armory, the amount remaining shall be returned by the State Treasurer to the person or persons, firm, corporation or municipality making the deposit or donation. Upon opening bids as aforesaid, the Military Board may reject any and all bids, and may re-advertise for bids. In case of default, the Military Board can sue on the bond and advertise for other bids for the completion of the work. In all cases where it is necessary to condemn lands, examine abstracts, sue on bonds, or have other legal work done, the Attorney General shall represent the Military Board in said work or litigation. The donations, etc. Military Board shall have power to receive from counties, cities, municipalities or other sources, donations of land or contributions of money to aid in providing or erecting armories throughout the State of Michigan, for the use of the National Guard of Michigan, and which shall be held as other property for the use of the National Guard of the State of Michigan, and counties, cities or municipalities are hereby authorized to make such contributions for the purposes of this act, and are contributions. authorized to purchase land or issue bonds for the purpose of raising money for said contribution, if the board of supervisors of the county or the common council of a city by a majority vote decide to do so. The maximum amount to be expended by the State for any one company shall be ten thousand dollars, which shall be exclusive of and in addition to any gift or donation made to and for the benefit of any Board to have particular armory. If any organization of the National authority to purchase cer- Guard of this State shall have an armory of their own erected by themselves, or by any person for them, and the title thereof is in said organization, the Military Board shall have authority, if its action is approved by the Governor, to purchase said armory and take the title thereof in the State, and to alter, repair, furnish and equip said armory, but the amount so paid for said armory, alterations, repairs, furnishing and equipping, shall in no case exceed an amount equal to ten thousand dollars for each company of the organization owning and occupying such armory, and in no case shall exceed one-half of the actual value thereof. Upon the disbandment of an organization of the National Guard of Michigan, occupying and using an armory under the provisions of this

Counties, etc.,

authorized

to make

Maximum amount expended by state for company.

tain armories.

Purchasing price limited.

In case of disbandment of organization occupying armory.